19830802 TZHC Mbeya1
The appellant admitted possession of the tusks and his defence was found untrue by the trial magistrate, whose assessment of evidence was upheld. The conviction and sentence were proper. However, the order for forfeiture of the gun was set aside as the appellant was not convicted of illegal hunting and the...
Source-derived case information.
- Citation
- 19830802 TZHC Mbeya1
- Parties
- Appellant: Yona s/o Ajali; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 August 1983
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed in respect of conviction and sentence; allowed in respect of forfeiture order.
- Legal Topics
- Unlawful Possession of Government Trophy, Forfeiture of Property, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yona s/o Ajali
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant was unlawfully in possession of government trophy (elephant tusks)
- 2 Whether the forfeiture of the gun was lawful
Ratio Decidendi
The appellant admitted possession of the tusks and his defence was found untrue by the trial magistrate, whose assessment of evidence was upheld. The conviction and sentence were proper. However, the order for forfeiture of the gun was set aside as the appellant was not convicted of illegal hunting and the connection of the gun to the offence was not established.
Court Disposition
Appeal dismissed in respect of conviction and sentence; allowed in respect of forfeiture order.
Orders
- Conviction and sentence of fine of 20,000/= or 2 years imprisonment upheld.
- Order of forfeiture of the gun set aside.
Full Case Text
Judgment text and source record
1 paragraphs
• •': 'YN TiE iiIH ui AT P1 JtJAL3DICTIUN • Q.beya Registry) CRIMIN NO. 82 OF 1978 ORINAL dRILiflL CASE NO. 876 OF 1977 OF THE DISTRICT COURT OP IBINGA DISTRICT AT IRINGA BEFOHE: M. 8, N. Nkuhi, Resident Ia'itrate. 1/ YONA s/o AJALI . . . . . . . . . . . . ............. . . . iPPELLANT VERSUS ,. .•.; '.• THE ••,••••••••....•......... GFa: ZTnlawful poeaeion of Government Trophy e1a.66 (i) (e) and 67(1) (2) (a) of the Wilc3. Life Act No.12 of 1974. JUDGMENT M1YRL, J. The appellant was charged with being in un1awxl possession of Gott, trophy'(4'e1ephanj tusks). It was in evidence that PC. Chalidi (t/.l), on infoiation he had, searched the appellant's house and seized the four elephant tusks, He arrested and chs.rged the appellant.. Inhis defentj he argued that he had found the tusks at a place called 'Ifuwo. He bzøi} thej.a to hi8 ready to transmit them to the Game Department. SQi%e 44 sç he was arz?eted. The tril magistrate rejected the stoi-yi conviç4 him and fint }i, 3s.20,000/ic or 2 years impfiroxaent. 40 forfette4 t) topy as well as the appeUant' s shortwi. '"encq this appeal. Thei. wa gi.pte as to possession. The appe3J.ant had adiiitted that he had the tropy, As for his defence that he was preparing to send the *?k $o 'the Ga 'ffioe, this was consiacred by the trial 'thaistrate and found to be untiue. The trial mnaistrató was in a better position to asseas thQ v1dnce In that respect. The coniction was well funded and the sentence of 20 1 000/= fIne was in order. The appeal against cbnvi.ction and setec..e is d..tsrnissed. As for the order jf1forfeiture of the€ gun. it will not be supported. The appell.nt was not oniricted of illegal hunting. It is bat known how the gun car;e into pieure. i set aslie the Lng..strate's of forfeiture. The shorta O to be restored to the appcilant. At Mbeya, 4 F. 41 IL1cYER, èd August, 1983 • • • Ilk